|
| Thursday, January 08, 2009
|
|
|
|
|
|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
JohnK6
(Colorado)
Posts:4
 |
| 01/10/2008 1:58 PM |
|
| by definition the balcony is not included in the legal definition of a condo-because its outside.still the occupant of the condo uses the balcony/patio-and different people want to do different things with their balconies/patios.for example one of our tenants has put up a screen made of mesh fabric to keep the mosquitos out,another has put up an awning to block the afternoon sun,some people have tibetan prayer flags strung across their balconies. balconies/patios are designated as being limited common areas subject to control by the hoa but how restrictive should an hoa be to balcony usage?also does anyone know how re-sale value of condos is effected when some balconies are without any kind of addition or adornment and some are? |
|
|
|
|
SusanW1
(Michigan)
Posts:2316
|
| 01/10/2008 2:06 PM |
|
First you say the balconies don't belong to the owner, then you say "their balconies" - which is it?
"Junky-looking" is a word I would be concerned about. And "permanency". Do those screens come down? Are the flags taken in at the end of the summer?
Why doesn't your board have a policy on outdoor use of the balconies?
|
|
|
|
|
DonnaS
(Tennessee)
Posts:2946
|
| 01/10/2008 4:09 PM |
|
John,
I would hope that somewhere in your documents there are guidelines and restrictions on those balconys and their uses. Balconys are limited common structure as you said. You are probably responsible for replacement and maintenances of the ceilings, flooring (but not structure flooring)and drywall if there is any.
I'll bet cash that you do have it hidden somewhere in the bowels of the legal wording somewhere. If you don't, then it is about time that a committee is formed by the Board to look into keeping your buildings looking less like a discount strip mall with all of the flags. You say that you do have rules about it so why not start enforcing. |
|
|
|
|
MikeS1
Posts:0
|
| 01/10/2008 5:10 PM |
|
| We have a condo investment property and my neighbor upstairs (despite the very clear written rules about this), decided to put outdoor carpet over the 2x6 deck boards and all isboards rotted out. You could not see this from the outside of the home, but you could just barely notice this if you standing directly below the deck. The COA make the owner pay for the replacement of the decking in this case. Our COA would certainly not allow the screening or the awning. The flags might be questionable and subject to state laws on this issue (we won't go there today). Anytime that you start drilling into the structure and attaching brackets, stapling mesh screens, it's probably not a good idea. The nature of the installation of these two items seems to sound more permanant in nature and they have definately altered the exterior of the condo. Our docus clearing state if the owner hangs plants or attaches other items like swings, hammocks, etc, that they are responsible for restoring the property back to it's original condition. But what do you do now that you have all these holes in the framing or trim? I think that you did into the docs, I think that you'll find that this really isn't a good idea to let this go. Where do you draw the line? We had one resident that wanted to totally close-in the balcony... permanantly. Good luck. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|
|
|
|
|
|
|